38.6c New Delhi, India, Friday, April 12, 2024

Restaurants Are Allowed To Serve Herbal Or Tobacco-Free Hookah; No Action Can Be Taken As Long As They comply with provisions of COTPA: Bombay HC

By LawStreet News Network      04 September, 2019 07:52 AM      0 Comments

The Bombay High Court on August 22, 2019, has clarified that all licensed restaurants can serve herbal or tobacco-free hookah and no action will be taken against them by the police as long as they comply with the provisions of the Cigarettes and Other Tobacco Products Act, 2003 or COTPA.

A Division Bench comprising of Justice Ranjit More and Justice N.J. Jamadar was hearing a batch of petitions filed by various restaurant owners claiming that they had been facing harassment from the police who would not allow them to serve herbal hookah even after an order passed by the High Court in July wherein it had allowed Ali Abdi, owner of Sheesha Skylounge to serve herbal hookah at all his outlets.

In his petition before the court, Abdi had argued that provisions of the Cigarettes and Other Tobacco Products Act, 2003, will not be applicable to tobacco-free hookah or herbal hookah. Accepting the argument, the Bench headed by Justice Ranjit More had allowed his petition.

The learned counsel appearing for the petitioners argued before the court that police prevented them from serving herbal hookah on the pretext that the said permission was granted to one restaurant owner only.

Clarifying the position, the court said that, "As long as the petitioners comply with the provisions of COTPA and do not serve any prohibited substance in the hookah parlour then no action can be taken against them. However, it is made clear that if it is found that the petitioners are selling/using any substance prohibited under the COTPA then surely an action can be taken against them.

In case, there is any infraction of the provisions of the COTPA as amended in the year 2018, the police officer, not below the rank of the Assistant Police Inspector, is empowered to take legal action for the infringement of the conditions imposed under COTPA act as well as taking action on the hookah parlours where drugs/narcotics are provided and consumed which falls under the purview of Police Department."

Read order.

Share this article:

User Avatar

Leave a feedback about this

Trending Business
SC sets aside judgment upholding arbitral award against DMRC [Read Judgment]

Supreme Court overturns arbitral award favoring Reliance Infrastructure subsidiary against DMRC, citing grave miscarriage of justice.

11 April, 2024 11:43 AM
Trending Political NEWS
Delhi HC rejects third plea for Arvind Kejriwal's removal as Delhi CM, blasts petitioner for abuse of judicial process [Read Judgment]

Delhi High Court dismisses the third PIL plea before it seeking Aam Aadmi Party leader Arvind Kejriwal’s removal as Chief Minister of Delhi, imposes Rs. 50,000 cost on petitioner.

11 April, 2024 03:29 PM


Trending Judiciary
Supreme Court Rejects Plea to Repatriate Mortal Remains of Sufi Saint from Dhaka

Supreme Court declines plea to repatriate mortal remains of Sufi Saint, an Indian-born Pakistani national who died in Dhaka.

06 April, 2024 01:40 PM
Trending Judiciary
'28 % GST on online gaming companies,' SC transfers to itself all pleas pending in 9 HCs

Supreme Court consolidates 27 petitions challenging the 28% GST on online gaming companies from 9 High Courts, amid legal disputes over tax rates.

06 April, 2024 01:45 PM
Trending Judiciary
SC grants bail to Prof Shoma Sen in Bhima Koregaon case [Read Judgment]

SC grants bail to Prof Shoma Sen in Bhima Koregaon case, citing lack of evidence linking her to banned terrorist group CPI (Maoist). Details inside.

06 April, 2024 01:58 PM
Trending Judiciary
SC directs TN DGP to hold inquiry for blatant, shocking acts by police in tutoring witnesses [Read Judgment]

Supreme Court directs Tamil Nadu DGP to investigate police misconduct in witness tampering, leading to acquittal in murder case.

06 April, 2024 05:31 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email